[R.O. 2009 §6-187; Ord. No. 4010 §1, 3-6-2006]
For the purpose of this Article, the following terms shall have
the meaning given herein:
Any act by which earth, sand, gravel, rock or any other similar
material is cut into, dug, uncovered, removed, displaced, relocated
or bulldozed and shall include the conditions resulting therefrom.
Any act by which earth, sand, gravel, rock or any other similar
material is deposited, placed, pushed or transported to a place other
than the place from which it was excavated and shall include the conditions
resulting therefrom.
Excavation or fill or any combination thereof and shall include
conditions resulting from any excavation or fill.
Any lot, tract, project or subdivision or contiguous lots
or tracts of a single owner or several owners acting jointly.
[R.O. 2009 §6-188; Ord. No. 4010 §1, 3-6-2006]
A.
Except
as herein provided, no grading activities shall be commenced on any
site without obtaining a permit from the Director of Planning and
Development. A separate permit shall be required for each site; provided
however, that one (1) permit may cover both the excavation and fill
made from excavated materials. An application for a grading permit
shall be in writing on a form provided by the Department of Planning
and Development and filed with the Director of Planning and Development.
The application shall be accompanied by duplicate copies of the following
documents and information:
1.
Contoured development map showing existing contours of the site and
adjoining strips of non-site property and proposed contours at two
(2) foot intervals after completion of the proposed grading and development,
based on United State Geological Survey datum, with established elevations
at building, walks, drives and streets; and information on necessary
clearing and grubbing, removal of existing structures, excavating,
filling, spreading and compacting. The Director of Planning and Development
may require the development map to be prepared and sealed by a licensed
professional engineer or land surveyor.
2.
An accurate plot plan showing the location of the site, a description
of the type and features of the soil and details of all structures,
walls, cribbing and surface protection.
3.
Name and address of owner(s).
4.
Site location.
5.
Estimated grading quantity.
6.
Details of site drainage system.
7.
Details of site erosion and siltation control, including siltation
basins and revegetation.
8.
Construction access to site.
9.
Location of temporary off-street parking.
10.
The estimated schedule of operations, including the dates of starting
and completion of grading work, erosion and siltation control and
any interim drainage system.
11.
Location of any sewage disposal system or underground utility line,
any part of which is within fifty (50) feet of the proposed excavation,
grading or filling area.
12.
Location and present status of any known geotechnical features which
may affect the use of the site (e.g., ponds, sink holes).
13.
Details of any interim drainage system proposed to be installed during
grading operations, any such system to be designed to safely handle
surface water, streams or other natural drains.
14.
Location of the 100-year flood plain and floodway based on currently
adopted FEMA flood maps.
15.
Density of the proposed fill.
16.
Sources of off-site fill material, including information relating
to haul routes, trucks and equipment.
B.
No
permit shall be issued for a period exceeding one hundred twenty (120)
days, unless a phased grading schedule is approved, which includes
revegetation.
D.
No
permit shall be issued unless all owners of the property sign the
application or unless the application is accompanied by a copy of
a contract signed by all owners of the property authorizing the applicant
to make application on their behalf and agreeing to be bound by the
provisions of this Article.
[R.O. 2009 §6-189; Ord. No. 4010 §1, 3-6-2006]
A.
A grading
permit shall not be required in the following instances:
1.
Grading for the foundation or basement of any building, structure
or swimming pool for which a building permit has been duly issued,
provided however, that the deposit required herein has been paid and
that the owners and contractors shall be subject to the requirements
imposed by this Article.
2.
Grading of less than one (1) cubic yard for sites ten thousand (10,000)
square feet or less or less than five (5) cubic yards for sites in
excess of ten thousand (10,000) square feet.
3.
Grading by any public utility for the installation, inspection, repair
or replacement of any of its facilities.
4.
Grading of property for or by any governmental agency in connection
with a public improvement or public work on such property.
5.
Grading of land for residential gardening, landscaping or similar
horticultural use, provided that there is substantial compliance with
the recommendations or standards of the local soil conservation authority.
6.
Grading activities in public right-of-way covered by an excavation
permit.
7.
Trench excavation covered by a construction permit.
[R.O. 2009 §6-190; Ord. No. 4010 §1, 3-6-2006]
A.
To
insure compliance with the provisions hereof, each applicant for a
grading permit shall deposit with the City a sum not less than one
hundred dollars ($100.00) and not more than two thousand dollars ($2,000.00)
for each site as designated by the Director of Planning and Development.
Such deposit shall be available for and be used by the City to:
1.
Repair any damage to sidewalks, curbs, gutters or streets resulting
from grading activities.
2.
Pay the cost of removal of dirt or mud from sidewalks, curbs, gutters
or streets if not promptly removed by the permittee or its contractor.
3.
Pay the cost of removal of refuse, dirt, paper or other waste permitted
to spread to other property, public or private, from the premises
on which the work is being done, if not promptly removed by the permittee
or its contractor.
4.
Pay the cost of installing, restoring or repairing appropriate control
measures, reseeding or completion or alteration of grading if abandoned
or not appropriately performed by the permittee or its contractor.
B.
The
City may reimburse itself for expenses incurred to ensure compliance
with all applicable codes from funds deposited pursuant to this Article.
Should the City so utilize such funds, the permittee and/or owner
shall, within seven (7) days of being notified by the Director of
Planning and Development, be obligated to deposit a sum equal to the
amount so used so as to maintain full funding of the required deposit.
In the event that the permittee or owner does not restore the deposit
to its original amount within the time specified herein, a stop work
order may be issued immediately.
C.
Any
portion of the deposit not expended by the City shall be refunded
when the grading activities are completed and soil conditions are
stabilized to the satisfaction of the City.
D.
The
deposit required herein shall in no way be construed as a limitation
of the liability of an applicant for damages caused as a result of
his/her grading activities, nor as a limitation or restriction on
the right of the City to enforce ordinances violated as a result of
applicant's grading activities through criminal prosecution, injunctive
relief or other means.
[R.O. 2009 §6-191; Ord. No. 4010 §1, 3-6-2006]
A.
A
permit shall be issued and shall remain in force only upon compliance
with the following requirements:
1.
Surface waters — damage. Adequate provision
shall be made to prevent surface waters from damaging the cut face
of an excavation or sloping surface of a hill.
2.
Retaining walls — cribbing. Retaining walls
or cribbing shall be required whenever necessary to prevent the surface
of any excavation or fill from exceeding at any point maximum allowable
slopes as set forth herein.
3.
Drainage. All drainage provisions shall be of such
design to carry surface waters to the nearest practical storm drain,
natural watercourse or street, as approved by the Director of Planning
and Development, as a suitable place to deposit and receive such waters.
4.
Protection of streets — property. No excavation
shall be made so close to the property line as to endanger any adjoining
public or private street or property without supporting and protecting
such street or property from settling, cracking or other damage.
5.
Fill. No fill shall be made so as to cause or to
allow the same to be deposited upon or to roll, flow or wash upon
or over the premises of another without the express written consent
of the owner of such premises so affected; or upon or over any street,
walk or way; or so close to the top of a bank of a channel as to create
the possibility of failure of the bank or sliding.
6.
Materials. Materials for fills shall consist of
material obtained from excavation of cut areas, borrow pits or other
approved source. Materials shall be free of vegetable matter and deleterious
material and shall not contain rocks in excess of six (6) inches in
diameter.
7.
Minimum standards. Minimum standards of excavations
and fills shall be as follows, provided that more stringent standards
may be required by the Director of Planning and Development based
upon the particular site conditions:
a.
No cut slope shall be made with a cut face steeper in slope than
three (3) horizontal to one (1) vertical, unless the material in the
excavated face is stable at a steeper slope, as has been established
for similar materials under comparable conditions and is so certified
by a registered professional engineer.
b.
No fill shall be made which creates an exposed embankment face steeper in slope than three (3) horizontal to one (1) vertical. The embanked end of the fill shall be uniformly compacted as provided in Subsection (8) below and stable under the proposed conditions. If a steeper slope is proposed, its stability shall be certified by a registered professional engineer.
8.
Compaction. All fills intended to support buildings
or structures, sewers or conduits shall be compacted to a minimum
of a ninety percent (90%) compaction as determined by Modified Proctor,
ASTM D-1557, unless a lesser percent is approved by the Director of
Planning and Development. Compaction of greater than ninety percent
(90%) may be required by the Director of Planning and Development
where the special conditions of the site warrant same. Compaction
of fills shall be certified by a registered professional engineer.
Compaction of other fills shall be required where the Director of
Planning and Development deems same necessary as a safety measure
to aid in preventing the saturation, slipping or erosion of the fill.
The requirements of the Director of Planning and Development
for the compaction of fills shall include, but shall not be limited
to, the following:
a.
Areas to be graded by cutting or filling shall be rough graded to
within two-tenths (2/10) of a foot of accepted elevation after allowance
has been made for thickness of topsoil, paved areas and other installations.
b.
The natural ground surface shall be prepared by removing topsoil
and vegetation and by compacting the fill upon a series of terraces.
Hillside or slope fills shall require plowing or scarification of
original ground.
c.
Grading on slopes shall require silt control at intermediate levels
to slow surface water, prevent rutting and decrease erosion.
d.
Grading sites shall require silting basins or other approved silt
control to prevent mud from washing onto adjacent properties.
e.
If fill material moisture content is below the requirement for compacting
to maximum practical density, water in the proper amount shall be
added. If moisture content is too great, fill material shall be aerated
by blading or other satisfactory methods to reduce moisture content.
f.
Frozen materials or soft, mucky, friable, easily compressible materials
shall not be incorporated in fills intended to support buildings,
structures, sewers or conduits or in the embanked ends of fills. Fill
material shall not be placed, spread or rolled while the ground is
frozen or thawing.
g.
The maximum uncompacted thickness of layers of the fill to be compacted
shall not exceed eight (8) inches.
h.
Compaction shall be by tamping, sheeps foot rollers, multiple wheel
pneumatic or other type approved methods. Rolling shall be continuous
until the desired maximum density is obtained.
i.
Topsoil disturbed by grading or building operations, if stripped
and piled for storage, shall be stored only in an amount necessary
to complete finished grading.
9.
Removal of timber, rubbish. Timber, logs, trees,
brush, vegetable matter or rubbish of any description shall be removed
and disposed of so as to leave the disturbed area with a neat and
finished appearance. Tree stumps, masonry and other obstructions shall
be removed to the following depths:
[R.O. 2009 §6-192; Ord. No. 4010 §1, 3-6-2006]
Inspections shall be made by the Department of Public Works
during each stage of grading operations and final approval shall be
required upon completion of operations. The permittee shall notify
the City upon commencement of grading, completion of rough grading,
completion of finish grading before seeding or sodding and all re-establishment
and construction work. Inspection fees shall be charged to the permittee
in the sum of the direct cost to the City for each inspection hereunder.
[R.O. 2009 §6-193; Ord. No. 4010 §1, 3-6-2006]
A.
At
least three (3) working days prior to the use of any street in the
City by trucks or hauling or grading equipment engaged in grading
operations in the City, the contractor for such project shall notify
the Director of Planning and Development in writing of the intended
schedule, specifying the kind and description of trucks or hauling
or grading equipment, the loaded and unloaded weight of such trucks
and equipment, the number of each and length of time they will be
required to use the streets of the City. The contractor shall furnish
the Director of Planning and Development with all other information
required by the Director of Planning and Development related to such
street usage.
The Director of Planning and Development may require such contractor
to post a deposit in a sum determined by the Director of Planning
and Development to insure compliance with this Section.
B.
The
Director of Planning and Development shall notify the contractor,
prior to the commencement of work and usage of the streets of the
City, of the route or routes to be used by such trucks and equipment.
The contractor shall be required to insure that such trucks or equipment
use only the designated route or routes. In the event of any emergency
requiring a change in route or routes or if the Director of Planning
and Development determines that the route or routes originally designated
are not appropriate or that excessive damage is being caused to any
street or streets by such usage, the Director of Planning and Development
may, upon notice to the contractor, designate an alternate route or
routes as designated by the Director of Planning and Development.
C.
The
Director of Planning and Development, immediately prior to notifying
the contractor of the route or routes or alternate route or routes
shall examine the condition of the streets along such routes and photograph
such streets, showing the condition of the pavement, curbs, sidewalks
and other physical features. Promptly following termination of the
use of such streets for the trucks or hauling or grading equipment,
the Director of Planning and Development shall have photographs of
such streets made, reflecting the condition of the pavement, curbs,
sidewalks and other physical features and shall have an inspection
made of the condition of such streets, curbs and sidewalks. The Director
of Planning and Development shall make an estimate of the cost of
restoring such streets, curbs and sidewalks to their original condition,
if any damage has been done. In such case, the Director of Planning
and Development shall notify the contractor of the cost of restoration.
The contractor shall pay the City such cost within fifteen (15) days.
[R.O. 2009 §6-194; Ord. No. 4010 §1, 3-6-2006]
A.
Control Of Mud Or Silt. No permit holder shall permit mud
or silt to flow or be deposited on any adjoining property or roadway.
B.
Barriers At Construction Site. After any new excavation
or construction is begun on any site and until sodding, planting,
concreting, paving or other final surfacing is in place which will
avoid washing or spreading of dirt and mud onto other property, the
owner or permittee, or the contractor of the owner or permittee, shall
erect and maintain temporary walls or other approved barriers to prevent
such washing or spreading of mud or dirt.
C.
Removing Mud From Vehicle Wheels. The owner, permittee and
the contractors of the owner or permittee shall provide their personnel
with such equipment as necessary to remove dirt from the wheels of
each vehicle leaving the grading site where mud has accumulated on
the wheels before such vehicles enter any street. It shall be the
responsibility of the owner, permittee and contractors of the owner
or permittee to insure that no vehicles shall leave the site with
mud on their wheels. No driver of any such vehicle shall enter onto
a street without having the mud removed from the wheels of the vehicle
prior to entry.
D.
Spilling Materials On Streets. The owner, permittee or contractor
of the owner or permittee loading dirt, mud or other materials on
any vehicle at any grading site shall so load same that no portion
thereof shall be spilled or be liable to be spilled on any street.
It shall be unlawful for any such person to permit any vehicle to
enter upon any street within the City loaded in violation of this
provision. It shall be unlawful for any driver to operate a vehicle
on any street within the City, which vehicle is loaded in such manner
that it spills or is likely to spill mud, dirt or other materials
on the streets.
E.
Cleaning Of Streets And Sidewalks. At the end of each day
and as required throughout the day during the course of grading or
construction, dirt and mud on the street, sidewalks, curbs, gutters
and the space between the sidewalk and the street, resulting from
work, shall be removed.
F.
Protection Against Damage — Repair. Sidewalks, street
curbs and gutters shall be protected against breakage or damage to
such installations. Any damage shall be repaired by the owner, permittee
and the contractor of the owner or permittee.
G.
Waste Material. During the course of construction or excavation
or grading, the owner, permittee and the contractor of such owner
or permittee shall remove all paper, refuse, lumber, other building
waste and all other waste material daily, provided no dumpster is
available on site for disposal of waste material and shall prevent
same from blowing or otherwise being scattered over adjacent property.
H.
Planting Ground. After grading, excavation and/or construction
are completed, the property shall be seeded, sodded, planted, concreted,
paved or otherwise surfaced to prevent washing or spreading dirt and
mud onto other property, streets, sidewalks and the space between
sidewalks or into any stream.
I.
Hours Of Grading. Grading shall be accomplished between
the hours of 7:00 A.M. and 6:00 P.M. Monday through Friday and 10:00
A.M. until 4:00 P.M. on Saturday, with no grading work allowed on
Sunday unless, in the case of emergency, an extension of hours is
granted by the Director of Planning and Development.
J.
Noise. The permittee shall take all appropriate measures
to reduce noise to the fullest extent practical in the performance
of the grading or excavating work.
K.
Right Of City To Immediately Abate Certain Conditions. Violations of Subsections (A) through (G) above are hereby deemed public nuisances, which may result in an immediate threat to the safety, welfare and/or reasonable comfort of the citizens of the City. The Director of Planning and Development is authorized to take such action is reasonably necessary to correct any condition caused by violations of Subsections (A) through (G) above without prior notice to the permittee or owners. The cost of such corrective action shall be deducted from the deposit provided hereunder. Within seven (7) days of making deduction from the deposit, the Director of Planning and Development shall notify the permittee or owner of the items corrected, the costs of correction and the amount of deposit applied therefore. The owner shall have the right to challenge the charges and application of deposit as in the same manner as hereinafter provided in Section 500.1050.
[R.O. 2009 §6-195; Ord. No. 4010 §1, 3-6-2006]
A.
Enforcement
of this Article shall be the responsibility of the Director of Planning
and Development. Enforcement shall commence by providing notice to
either the owner of the property, the permittee or the contractor
of the violation or violations to be corrected. The notice may be
delivered by personal service, certified mail or by ordinary mail.
(If sent by ordinary mail, there will be a rebuttable presumption
that the letter was delivered three (3) days after the date it was
sent.)
1.
The notice shall generally describe the nature of the violation,
the location of the property (using the mailing or popular address
rather than a legal description, when reasonably possible to do so)
and ordering the property owner, the permittee and/or the contractor
to, within a period of seven (7) days from the receipt of the notice,
correct the deficiencies.
[R.O. 2009 §6-196; Ord. No. 4010 §1, 3-6-2006]
A.
If
the violations set forth in the notice are not corrected within seven
(7) days after receipt of the notice by the property owner, the permittee
or the contractor, the Director of Planning and Development may cause
the same to be corrected. (The costs of correction may include, among
actual costs of correction, a fee for the City's costs in administering
this Article, which fee shall not exceed one hundred dollars ($100.00).
The Director of Planning and Development shall certify the cost of
correction to the City Administrator or other officer in charge of
finance who shall cause the certified cost to be included in a special
tax bill or added to the annual real estate tax bill, at the collecting
official's option, and shall be collected in the same manner and procedure
as for collecting real estate taxes.
B.
If
a condition is created by the permit holder that threatens the public
health or welfare, such condition shall, by its existence, be considered
a public nuisance. Such public nuisance shall require immediate abatement
by the permit holder. Should the permit holder fail to abate the nuisance
within the time period prescribed by the Director of Planning and
Development, the Director of Planning and Development shall have the
responsibility of abating such public nuisance. The cost of abating
such public nuisance shall be borne by the permit holder and collected
by the City in a manner as provided for by law.
[R.O. 2009 §6-197; Ord. No. 4010 §1, 3-6-2006]
An owner who fails to correct a violation as set forth in this
Article within seven (7) days of notice to the owner, the permittee
or the contractor shall be guilty of an offense and may (at the option
of the City) be charged in Municipal Court with the offense of "failure
to correct grading ordinance violation".
